Privacy Law Blog : Privacy Lawyers & Attorneys : Proskauer Rose Law Firm : CAN-SPAM, FCRA, FACTA

Want to know how you can protect your company from Wikileaks debacles the likes of which have been faced by the U.S. government as well as private companies.  Check out this recent article by Proskauer's Dan Winslow and Kristen Mathews. 

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By a decision dated October 14, 2010, and published on December 8, 2010, the French Data Protection Agency (known under the acronym CNIL) revised the deliberation that it issued on December 8, 2005.

At that time, the CNIL had issued a deliberation to reach a compromise between the United States’ Sarbanes-Oxley (“SOX”) requirements and French law.  According to Article 1 of that deliberation, companies were authorized to adopt whistleblowing systems implemented in response to French legislative mandates, regulatory internal control requirements (e.g. regulations governing banking institutions), or the whistleblowing requirements of the SOX Act.  According to Article 3 of the 2005 deliberation, alleged wrongdoings not encompassed within these core areas may be covered by the whistleblowing system only if vital interests of the company or the physical or psychological integrity of its employees were threatened.

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Yesterday, we blogged about the FTC’s report released last week, “Protecting Consumer Privacy in an Era of Rapid Change.” But if the FTC’s recommendations become requirements, how would they change what the typical company is doing today? 

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On December 1, 2010, the FTC issued its long-awaited report, titled “Protecting Consumer Privacy in an Era of Rapid Change:  A Proposed Framework for Businesses and Policymakers” (the “Report”).  The Report was developed after a series of roundtable discussions among stakeholders designed to explore privacy issues in the 21^st century.  Those discussions focused on the challenges associated with advancing technology and business practices that allow for the collection and sharing of consumer data that often go unstated as well as unnoticed by consumers, and the resulting threats perceived by some to consumer privacy. 

The Report is meant to build upon the notice-and-choice and harm-based models, the limitations of which have been recognized by the FTC.  The Report provides a framework, applicable to all “commercial entities that collect data that can be reasonably linked to a specific consumer, computer, or other device,” that attempts to balance the privacy interests of consumers against the interests of businesses to utilize consumer information to sell products and services.  There are three main tenets of the framework:

• “Privacy By Design” - Companies should promote consumer privacy throughout their organizations and at every stage of the development of their products and services
• Consumer Choice - Companies should simplify consumer choice
• Transparency - Companies should increase the transparency of their data practices

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Following the success of our Annual Proskauer on Privacy Conference in New York, we are taking the program on the road and invite you to attend our first Proskauer on Privacy: Boston Edition. Presented by the firm's Privacy and Data Security Group, this conference will focus on the latest developments in this area of law.

Our keynote speaker is Barbara Anthony, the Undersecretary of the Office of Consumer Affairs and Business Regulation of Massachusetts.

Tuesday, December 14, 2010
8:00 a.m. - 8:30 a.m. Breakfast and Registration
8:30 a.m. - 11:45 a.m. Program

One International Place
Boston, MA 02110-2600

Click here to register.

 

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